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Topic: WTF Avalon? Ship the Chips! - page 8. (Read 45765 times)

sr. member
Activity: 446
Merit: 250
August 07, 2013, 08:48:04 PM

What "contract"?  Under who's jurisdiction?  What was your "valuable consideration" for this "contract" and can you prove you "paid it" and the "entity" you made this "contract" with "received it"?

Try trolling harder,
meanwhile no chips no response

Maybe someone with forum trust and reputation will start a GROUP BUY for the Chinese/USA LAWYERS and form a lawsuit?
I can do it but I live in Europe so no real point for me to do that.

Good point, but I think if people on this forums had the will and balls to do it they would have already done it to BFL
hero member
Activity: 746
Merit: 502
Looking for advertising deal
August 07, 2013, 08:34:16 PM
those guys look like they are actually waiting for it
http://www.consumerfraudreporting.org/feedback.htm

not to mention that I am surprised by the friendly design of Interpol website
http://www.interpol.int/Contact-INTERPOL

I hope it will be done, they will be charged and it will be a good lesson and example for others to finally end all that pre-order rage and missed delivery times
full member
Activity: 238
Merit: 100
August 07, 2013, 08:23:59 PM
I agree, surely if all groupbuy leaders sent a legal demand for their chips to be delivered. They HAVE to respond, either by shipping, or explaining themselves and how they plan to resolve the situation. If they fail to respond, than that's as good as admitting to fraud and the authorities can step in.
eve
full member
Activity: 210
Merit: 100
August 07, 2013, 08:18:54 PM
I have the feeling that Yifu were shipping the chips to those big guys with BIG orders outside of this forum and due to over demand he cannot meet our orders in here.

So the best way is to get your attorney or lawyer to write him a letter and goes from there.
hero member
Activity: 532
Merit: 500
August 07, 2013, 08:04:15 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.

You should probably read the current render of avalon-asics.com before posting such dribble.  It clearly says copyright Bitsyncom LLC.  Not to mention, the waybackmachine records of the avalon-asics website during those orders.  It's all very clear that Yifu and Avalon were operating as a Nevada-based domestic LLC with its managing member (Yifu) residing in Brooklyn.
I stand corrected as http://store.avalon-asics.com/ doesn't have any of that.  It's unlikely the US LLC has any assets which can be counted on for restitution but as a managing partner Yifu would certainly be exposed to US liability which actually makes it easier to get answers.  Anyone who ordered can file a suit and serve him but if he chooses to fight it by the time you get to a depo the chips might be obsolete.  Winning might require enshrining some new concepts regarding BTC as precedents as well.  You can always call SEC since they have charged Trendon Shavers aka pirateat40 recently so they seem to be willing to take this kind of stuff up.



There is more than just Yifu involved and behind Bitsyncom and contacts span multiple countries, if they don't start talking to you, you have options;


INTERPOL is the world’s largest international police organization, with 190 member countries including the US and China. Their role is to enable police around the world to work together to make the world a safer place. Their high-tech infrastructure of technical and operational support helps meet the growing challenges of fighting crime in the 21st century.

http://www.interpol.int/Crime-areas/Financial-crime/Fraud

http://www.interpol.int/Contact-INTERPOL

http://www.interpol.int/Member-countries/Asia-South-Pacific/China

http://www.interpol.int/Member-countries/Americas/United-States



"Advance fee fraud is when fraudsters target victims to make advance or upfront payments for goods, services and/or financial gains that do not materialise."

http://www.actionfraud.police.uk/fraud-az-advance-fee-fraud


What to do if you are a victim

If you have lost money

If you believe you are a victim of advance fee fraud, the coalition members strongly encourage you to file a complaint with your local police. If you are in the United States consider filing a complaint with the Federal Beaureau of Investigation's Internet Crime Complaint Center.

http://www.affcoalition.org/victim.html


The Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C).

http://www.ic3.gov/default.aspx


This final link tells you how to report Internet crime that has occurred in each country including China (scroll down page for content);

http://www.consumerfraudreporting.org/reporting.php
newbie
Activity: 14
Merit: 0
August 07, 2013, 07:59:24 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.

You should probably read the current render of avalon-asics.com before posting such dribble.  It clearly says copyright Bitsyncom LLC.  Not to mention, the waybackmachine records of the avalon-asics website during those orders.  It's all very clear that Yifu and Avalon were operating as a Nevada-based domestic LLC with its managing member (Yifu) residing in Brooklyn.
I stand corrected as http://store.avalon-asics.com/ doesn't have any of that.  It's unlikely the US LLC has any assets which can be counted on for restitution but as a managing partner Yifu would certainly be exposed to US liability which actually makes it easier to get answers.  Anyone who ordered can file a suit and serve him but if he chooses to fight it by the time you get to a depo the chips might be obsolete.  Winning might require enshrining some new concepts regarding BTC as precedents as well.  You can always call SEC since they have charged Trendon Shavers aka pirateat40 recently so they seem to be willing to take this kind of stuff up.

You bring up a good point; recoverability.  If sued, what's the likelihood that the plaintiffs would actually receive restitution?  Quite low.  However, this isn't just a civil matter and it isn't just a matter for the SEC (traditionally they only deal with public companies) but rather one that hits the radar of the NYAG and FTC.  The NYAG has a reputation for being incredibly tough, ever since Spitzer, and the FTC is a nightmare of its own.  In short, Yifu & Co fucked up.  They WILL have to answer in court, should they ever decide to step foot in the United States again.

To those mentioning the international aspect; this might actually draw out prosecution.  My personal take is that Yifu will be summonsed in US court on interstate fraud charges and extradited accordingly.  After all, when multiple countries want to prosecute, US almost always gets first hack at the bad guy.

The other reason why I think the SEC route is a waste of time is because Yifu wasn't directly soliciting funds to start or develop his company.  The SEC cares more the sale of equity than anything else.
hero member
Activity: 746
Merit: 502
Looking for advertising deal
August 07, 2013, 07:55:12 PM
 You can always call SEC since they have charged Trendon Shavers aka pirateat40 recently so they seem to be willing to take this kind of stuff up.

+1
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
August 07, 2013, 07:49:35 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.

You should probably read the current render of avalon-asics.com before posting such dribble.  It clearly says copyright Bitsyncom LLC.  Not to mention, the waybackmachine records of the avalon-asics website during those orders.  It's all very clear that Yifu and Avalon were operating as a Nevada-based domestic LLC with its managing member (Yifu) residing in Brooklyn.
I stand corrected as http://store.avalon-asics.com/ doesn't have any of that.  It's unlikely the US LLC has any assets which can be counted on for restitution but as a managing partner Yifu would certainly be exposed to US liability which actually makes it easier to get answers.  Anyone who ordered can file a suit and serve him but if he chooses to fight it by the time you get to a depo the chips might be obsolete.  Winning might require enshrining some new concepts regarding BTC as precedents as well.  You can always call SEC since they have charged Trendon Shavers aka pirateat40 recently so they seem to be willing to take this kind of stuff up.
newbie
Activity: 14
Merit: 0
August 07, 2013, 07:43:36 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.

Furthermore, those of us with bitpay or other receipts for non-delivered or non-refunded Avalon products have written proof that currency was delivered to Bitsyncom, LLC.
hero member
Activity: 532
Merit: 500
August 07, 2013, 07:34:23 PM
Question I just want to throw out there. Yifu was spotted at the NY Inside Bitcoin conference a week ago. Just a week, and no one there asked the man straight up for a comment?! C'mon someone who attended must have some idea. Surely someone there has chips from him they were waiting on?
hero member
Activity: 746
Merit: 502
Looking for advertising deal
August 07, 2013, 07:30:31 PM
Hmmm looks like we got sth in our hand

http://bitcoinmagazine.com/fincen-bitcoin-users-not-regulated-exchanges-are/

bitsyncom might not be an exchange but according to this regulation they are dealing with "real" money, Am I rite?
newbie
Activity: 14
Merit: 0
August 07, 2013, 07:29:34 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.

You should probably read the current render of avalon-asics.com before posting such dribble.  It clearly says copyright Bitsyncom LLC.  Not to mention, the waybackmachine records of the avalon-asics website during those orders.  It's all very clear that Yifu and Avalon were operating as a Nevada-based domestic LLC with its managing member (Yifu) residing in Brooklyn.
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
August 07, 2013, 07:26:04 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
I don't see that entity on the website.  Possibly that was deliberate.  Is it listed once you do an account or order with them?  You can't lien or attach BTC but does the company have any assets in the US that could be frozen by lis pendens?  Since yufu is in the US the easiest route would be to serve him personally.  He might have been deliberate in publicly stating he doesn't control the BTC sent in but you might be able to depose him under oath to get some answers but the process is very long for that if he fights it.
newbie
Activity: 14
Merit: 0
August 07, 2013, 07:22:48 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.

The NV corporation was set up by one of those many corporate agent lawfirms.  They accept law suit service documents on behalf of Yifu and then forward them to Yifu.  Yifu is required by applicable state and federal law to keep valid contact methods with the appointed legal representative.

To be honest, this is a criminal matter best handled by the NY State AG since that is where Yifu resides according to the filing documents held by the Nevada Corporation Commission. https://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=ozwghIfOnmFj64qH4nYDaA%253d%253d&nt7=0  Yifu & Co made advertisements on the Internet for a deliverable product, under the auspices of a US registered entity, with promises of delivery within a certain timeframe.  The FTC and standard consumer protection laws, in concert with Yifu's own claims, solidify his obligation to his consumers.

Yifu is going to end up on the wrong side of an interstate fraud investigation, spearheaded by the NYAG, if he doesn't start answering his paying customers.
hero member
Activity: 746
Merit: 502
Looking for advertising deal
August 07, 2013, 07:14:23 PM

Thanks for this update. Sounds like we all just need a healthy dose of patience... Scratch that - an INSANE dose of patience! Smiley


Are you really that cheap? I was screwed with avalon batch #3 and now I am screwed with chips order.
What is any reason to not take legal steps if there are hard proofs?
We already saw the pics of boxes full of chips, too late for them imo
hero member
Activity: 574
Merit: 501
August 07, 2013, 07:13:44 PM
BitSynCom is a USA corporation, incorporated in the state of Nevada.
legendary
Activity: 896
Merit: 1006
First 100% Liquid Stablecoin Backed by Gold
August 07, 2013, 07:12:31 PM

What "contract"?  Under who's jurisdiction?  What was your "valuable consideration" for this "contract" and can you prove you "paid it" and the "entity" you made this "contract" with "received it"?

Try trolling harder,
meanwhile no chips no response
Ok will do.  People are talking about legal action for something where there is not even a somewhat arguable legal basis.  Assuming all the other issues are provable most contracts for large amounts are required to be in writing to be enforceable not to mention this would fall under international trade and unless this person is in china then disregard what I said as I am not versed in the Chinese legal system.
full member
Activity: 183
Merit: 100
200 OK
August 07, 2013, 07:11:22 PM
There is certainly "life at Avalon."  I was poked by the team, to make sure my batch #3 arrived (it did, even after a shipping address mistake, though manual intervention with DHL was required).



Thanks for this update. Sounds like we all just need a healthy dose of patience... Scratch that - an INSANE dose of patience! Smiley
sr. member
Activity: 1316
Merit: 254
Sugars.zone | DatingFi - Earn for Posting
August 07, 2013, 07:09:43 PM
I have seen some options on the tor network that could resolve this issue. Shocked

It just needs someone to start a group buy, I doubt JohnK would do escrow for such a service thou.  Wink
hero member
Activity: 746
Merit: 502
Looking for advertising deal
August 07, 2013, 07:04:42 PM

What "contract"?  Under who's jurisdiction?  What was your "valuable consideration" for this "contract" and can you prove you "paid it" and the "entity" you made this "contract" with "received it"?

Try trolling harder,
meanwhile no chips no response

Maybe someone with forum trust and reputation will start a GROUP BUY for the Chinese/USA LAWYERS and form a lawsuit?
I can do it but I live in Europe so no real point for me to do that.
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